PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING THE SOLUTION (DEFINED BELOW). BY ACCEPTING THIS FREEMIUM AGREEMENT (“AGREEMENT”), CLICKING “I AGREE”, “ACCEPT” OR ANY SIMILAR BUTTON, OR BY ACCESSING OR USING THE SOLUTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT (“YOU”, “YOUR” OR “LICENSEE”), ARE ENTERING INTO A LEGAL AGREEMENT WITH STREAMSEC LTD., A COMPANY INCORPORATED UNDER THE LAWS OF THE STATE OF ISRAEL (“STREAMSEC” OR “COMPANY”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SOLUTION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY WAIVE ANY RIGHTS TO REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.
1.1 Free Trial.
Subject to Licensee’s compliance with the terms of this Agreement, Company grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable right to remotely access and use Company’s cloud-based software platform and related services (collectively, the “Solution” or “Service”) on a software-as-a-service (SaaS) basis for a period of fourteen (14) days commencing on the Effective Date (the “Free Trial Period”).
The Free Trial Period is subject to any usage, feature, storage, account, user, integration, API, scanning, capacity or other limitations established by Company from time to time.
At any time during or following the Free Trial Period, Licensee may elect to purchase a paid subscription to the Solution, directly or through an authorized reseller. Any paid subscription shall be governed by Company’s then-current subscription agreement available at https://www.stream.security/terms (the “Subscription Agreement”). Subscription fees, entitlements, usage rights and limitations shall be governed by the subscription plan selected by Licensee and available at https://www.stream.security/plans, as may be updated by Company from time to time (the “Subscription Plan”).
1.2 Free Tier.
Upon expiration of the Free Trial Period, if Licensee has not purchased a paid subscription and this Agreement has not otherwise been terminated, Company may permit Licensee to continue accessing and using the Solution under Company’s free service tier (“Free Tier”).
The Free Tier is provided solely at Company’s discretion and is subject to any usage, feature, account, storage, support, integration, API, scanning, capacity, user or other limitations specified in the applicable Subscription Plan, as may be modified from time to time.
LICENSEEE ACKNOWLEDGES AND AGREES THAT THE FREE TIER IS PROVIDED WITHOUT ANY COMMITMENT REGARDING AVAILABILITY, SERVICE LEVELS, SUPPORT, MAINTENANCE, SECURITY FEATURES, DATA RETENTION, PERFORMANCE, FUNCTIONALITY, OR CONTINUED ACCESS TO THE SOLUTION.
1.3 Company’s Right to Modify or Discontinue.
Company may, at any time and in its sole discretion, with or without notice and without liability to Licensee:
(a) modify, suspend, restrict, limit or discontinue the Free Trial, Free Tier, Solution or any portion thereof;
(b) impose, remove or modify usage limits, feature restrictions, storage limits, scanning limits, API limits, user limits or any other limitations;
(c) remove, disable, suspend or modify any feature, functionality, integration, content or capability of the Solution;
(d) require Licensee to migrate to a paid subscription in order to continue accessing certain features or functionality; and/or
(e) suspend or terminate Licensee’s access to the Solution.
Licensee shall have no claim arising from any modification, suspension, limitation, discontinuation or termination described in this Section.
1.4 Unless otherwise indicated, the term “Solution” includes all revisions, improvements and/or updates and related documentation and user manuals to the extent provided by Company under this Agreement. Licensee may only use the Solution in accordance with the documentation and applicable laws.
1.5 The Solution may include beta, preview, early access, experimental or pre-release functionality. The Solution may not operate correctly, may contain bugs, errors or interruptions, may cease operating in whole or in part, and may be modified, suspended or discontinued at any time without notice.
1.6 During the Term, you may allow your employees who are explicitly authorized by you to access and use the Solution for the limited purposes specified in this Agreement for your benefit (each, a “Permitted User”). Each Permitted User shall be bound by terms at least as restrictive as those contained herein and you shall remain fully liable and responsible for all acts and omissions of your Permitted Users.
1.7 You acknowledge and agree that in order to use the Service StreamSec is required to integrate with your cloud account and when you deploy the Stream Read-Access CloudFormation Stack, an IAM Role is created which allows StreamSec to perform read-only (Get, List and Describe) API operations and enables the initial configuration scan of the cloud account.
Unless otherwise explicitly specified and permitted under this Agreement, without the prior written consent of the Company, you may not, directly or indirectly (i) copy, modify, create derivative works of or distribute any part of the Solution (including by incorporation into its products); (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share Licensee's rights under this Agreement with any third party; (iii) use any “open source” or “copyleft software” in a manner that would require the Company to disclose the source code of the Solution to any third party; (iv) disclose the results of any testing or benchmarking of the Solution to any third party; (v) disassemble, decompile, reverse engineer or attempt to discover the Solution’s source code or underlying algorithms; (vi) use the Solution in a manner that violates or infringes any rights of any third party, including but not limited to, privacy rights, publicity rights or intellectual property rights; (vii) remove or alter any trademarks or other proprietary notices related to the Solution; (viii) circumvent, disable or otherwise interfere with security-related features of the Solution or features that enforce use limitations; (ix) export, make available or use the Solution in any manner prohibited by applicable laws (including without limitation export control laws); and/or (x) transmit any malicious code (i.e., software viruses, Trojan horses, worms, malware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a computer system or any component of such computer system) or other unlawful material in connection with the Solution.
3.1. Company is, and shall be, the sole and exclusive owner of all intellectual property rights in and to: (i) the Solution and all related software and intellectual property and/or any copies thereof, (ii) any and all derivative works made, as well as any enhancements, improvements, corrections, modifications, alterations, revisions, extensions and updates of/to the foregoing, regardless of inventorship or authorship.. All right, title and interest (including all intellectual property rights) evidenced by or embodied in and/or attached/connected/related to the Solution and any derivatives thereof and modifications thereto, are and shall be owned solely and exclusively by Company. This Agreement does not convey to you any interest in or to the Solution other than a limited right to use the Solution in accordance with Section 1. Nothing herein constitutes a waiver of Company's intellectual property rights under any law. Company reserves all rights not expressly granted herein to the Solution.
3.2. If you contact Company with feedback data (whether orally or in writing) (e.g., questions, comments, feedback data, reports, suggestions or the like) regarding the Solution (“Feedback”), such Feedback shall be deemed the exclusive property of Company, and you hereby irrevocably transfer and assign to Company all intellectual property rights to the Feedback and waives any and all moral rights or economic rights that you may have with respect thereto. It is further understood that use of Feedback, if any, may be made by Company at its sole discretion, and that Company is not obliged to make use of the Feedback.
3.3. Any anonymous information, which is derived from the use of the Solution (i.e., metadata, aggregated and/or analytics information and/or intelligence relating to the operation, support, and/or Customer’s use, of the Service) which is not personally identifiable information (“Analytics Information”) may be used for providing the service, for development, and/or for statistical purposes. Such Analytics Information is the Company's exclusive property.
The Solution may use or include third party open source software, files, libraries or components that may be distributed to Licensee and are subject to third party open source license terms which can be provided upon request. If there is a conflict between any open source license and the terms of this Agreement, then the open source license terms shall prevail but solely in connection with the related third party open source software.
StreamSec will use personal information that StreamSec may collect or obtain in connection with our services in accordance with our privacy policy which is available on our website at www.stream.security/privacy-policy ("Privacy Policy"). You agree that StreamSec may use personal information that you provide or make available to us in accordance with the Privacy Policy.
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FREE TRIAL, FREE TIER, SOLUTION, SERVICES, REPORTS, OUTPUTS, DOCUMENTATION AND ALL RELATED MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS.
COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, RELIABILITY, SECURITY, ACCURACY, COMPLETENESS, OR ERROR-FREE OPERATION.
COMPANY DOES NOT WARRANT THAT THE SOLUTION WILL OPERATE WITHOUT INTERRUPTION, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST, OR THAT THE SOLUTION WILL BE AVAILABLE AT ANY PARTICULAR TIME.
COMPANY SHALL HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, BUG FIXES OR TECHNICAL ASSISTANCE FOR THE FREE TRIAL OR FREE TIER.
6.2 IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF REVENUE, BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOLUTION.
WITHOUT LIMITING THE FOREGOING, COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSS OF DATA, LOSS OF CONFIGURATIONS, LOSS OF REPORTS, LOSS OF FINDINGS, SECURITY INCIDENTS, SERVICE INTERRUPTIONS, SERVICE UNAVAILABILITY, ERRORS, OMISSIONS OR DECISIONS MADE BY LICENSEE BASED ON THE SOLUTION OR ITS OUTPUT.
IF LICENSEE IS USING A FREE TRIAL OR FREE TIER OF THE SOLUTION, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE U.S. DOLLAR (US$1.00).
IF LICENSEE HAS PURCHASED A PAID SUBSCRIPTION TO THE SOLUTION, COMPANY’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (I) US$1,000 OR (II) THE FEES ACTUALLY PAID BY LICENSEE TO COMPANY DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Each Party may have access to certain non-public information of the other Party, in any form or media, including without limitation trade secrets and other information related to the products, software, technology, data, know-how, or business of the other Party, and any other information that a reasonable person should have reason to believe is proprietary, confidential, or competitively sensitive (the “Confidential Information”). Each Party shall take reasonable measures, at least as protective as those taken to protect its own confidential information, but in no event less than reasonable care, to protect the other Party's Confidential Information from disclosure to a third party. The receiving party’s obligations under this Section, with respect to any Confidential Information of the disclosing party, shall not apply to and/or shall terminate if such information: (a) was already lawfully known to the receiving party at the time of disclosure by the disclosing party; (b) was disclosed to the receiving party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the receiving party has become, generally available to the public; or (d) was independently developed by the receiving party without access to, or use of, the disclosing party’s Confidential Information. Neither Party shall use or disclose the Confidential Information of the other Party except for performance of its obligations under this Agreement (“Permitted Use”). The receiving party shall only permit access to the disclosing party's Confidential Information to its respective employees, consultants, affiliates, agents and subcontractors having a need to know such information in connection with the Permitted Use, who either (i) have signed a non-disclosure agreement with the receiving party containing terms at least as restrictive as those contained herein or (ii) are otherwise bound by a duty of confidentiality to the receiving party at least as restrictive as the terms set forth herein. The receiving party will be allowed to disclose Confidential Information to the extent that such disclosure is required by law or by the order or a court of similar judicial or administrative body, provided that it notifies the disclosing Party of such required disclosure to enable disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. All right, title and interest in and to Confidential Information are and shall remain the sole and exclusive property of the disclosing Party.
8.1 This Agreement shall commence on the Effective Date and remain in effect until terminated in accordance with this Section.
8.2 Company may suspend, restrict or terminate the Free Trial, Free Tier, the Solution, or Licensee’s access to all or any portion of the Solution at any time, for any reason or no reason, with or without notice, and without liability to Licensee.
8.3 Licensee may terminate this Agreement at any time by discontinuing all use of the Solution.
8.4 Upon expiration or termination:
(a) all rights granted to Licensee shall immediately terminate;
(b) Licensee shall immediately cease use of the Solution;
(c) Company may immediately disable access to the Solution;
(d) Company may delete Licensee’s data, configurations, reports, findings and account information at any time without liability;
(e) COMPANY SHALL HAVE NO OBLIGATION TO RETAIN, EXPORT, RECOVER, OR PROVIDE ACCESS TO ANY DATA ASSOCIATED WITH A FREE TRIAL OR FREE TIER ACCOUNT AND MAY DELETE SUCH DATA AT ANY TIME WITHOUT NOTICE OR LIABILITY.
9. Miscellaneous
This Agreement shall be governed by and construed under the laws of the state of Delaware, U.S.A. without reference to principles and laws relating to the conflict of laws. The competent courts of the county of New Castle in the state of Delaware, U.S.A shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement. Licensee shall not assign this Agreement without the prior written consent of Company. Any prohibited assignment shall be null and void. No waiver of rights arising under this Agreement shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. No failure or delay by either Party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy and/or prejudice any rights of such Party. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Parties. Nothing in this Agreement shall be construed to limit or delay either Company or Licensee's ability to seek immediate relief at law or in equity for any breach by the other. This Agreement constitutes the complete and entire agreement of the Parties and supersedes all previous communications between them, oral or written, relating to the subject matter hereof. Company will not be liable for any delay or failure to provide the services resulting from circumstances or causes beyond the reasonable control of the Company including, but not limited to on account of strikes, shortages, riots, insurrection, fires, flood, storms, explosions, acts of God, war, government or quasi-governmental authorities actions, acts of terrorism, earthquakes, power outages, pandemic or epidemic (or similar regional health crisis), or any other cause that is beyond the reasonable control of the Company.